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Philippine court enters not guilty plea for US Marine
Lawyer Media News |
2015/02/25 10:39
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A Philippine court entered a not guilty plea Monday for a U.S. Marine charged with murdering a transgender Filipino, allegedly after he discovered her gender when they checked into a hotel.
Marine Pfc. Joseph Scott Pemberton refused to enter a plea in the brief proceeding in a court in Olongapo city northwest of Manila, according to Justice Secretary Leila de Lima. Journalists were barred from the courtroom.
Dozens of left-wing protesters waved red flags outside the courthouse, demanding justice and an end to the U.S. military presence in the former American colony. Gay and lesbian groups have also staged protests denouncing the killing of Jennifer Laude, whose former name was Jeffrey, as a hate crime.
Monday's arraignment paves the way for Pemberton's trial, which lawyers of the victim's family said is scheduled to start next month. |
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Court nixes faith-based birth control mandate challenge
Headline Legal News |
2015/02/16 12:26
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An appeals court has ruled that the birth control coverage required by federal health care reforms does not violate the rights of several religious groups because they can seek reasonable accommodations.
Two western Pennsylvania Catholic dioceses and a private Christian college had challenged the birth control coverage mandates and won lower-court decisions. However, the U.S. 3rd Circuit Court ruling Wednesday said the reforms place "no substantial burden" on the religious groups and therefore don't violate their First Amendment rights.
All three groups — the college and the Pittsburgh and Erie dioceses — are mulling whether to appeal to the entire 3rd Circuit Court of Appeals or the U.S. Supreme Court.
"Such a ruling should cause deep concern for anyone who cares about any First Amendment rights, especially the right to teach and practice a religious faith," Pittsburgh Bishop David Zubik said in a statement. "This decision says that the church is no longer free to practice what we preach."
At issue is an "accommodation" written into the Affordable Care Act that says religious organizations can opt out of directly providing and paying to cover medical services such groups would consider morally objectionable. In this case, that refers to all contraceptive and abortion services for the Catholic plaintiffs, and contraceptive services like the "week-after" pill and other medical coverage that Geneva College contends violate its anti-abortion teachings. The school in Beaver Falls is affiliated with the Reformed Presbyterian Church.
Justice Department lawyers have argued the accommodation solves the problem because it allows religious groups to opt out of directly providing such coverage. But the plaintiffs contend that merely filing the one-page form, which puts a religious group's objections on record with the government, violates their rights because it still "facilitates" or "triggers" a process that then enables third-party insurers to provide the kind of coverage to which they object. |
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NC Supreme Court considers status of private school vouchers
Lawyer Media News |
2015/02/16 12:26
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The state Supreme Court is about to decide whether millions of dollars in taxpayer money that started flowing this year to pay student tuition at private and religious schools continues for a second year.
The state's highest court hears arguments Tuesday on a ruling last summer that the Opportunity Scholarships program violates the state constitution because religious schools can discriminate based on faith. Wake County Superior Court Judge Robert Hobgood also said privately run K-12 schools are not required to meet state curriculum standards.
Supreme Court justices showed they're in a hurry to decide whether private school vouchers will continue by latching on to the case early. Parents are already looking ahead and the deadline for them to submit scholarship applications for the next academic year is March 1.
So far, more than $4.2 million has paid for 1,200 students to attend 216 private schools around the state, according to the State Education Assistance Authority. That's a fraction of the 5,500 students whose families sought one of the scholarships, said Darrell Allison, who heads a group that advocates for expanding the program. Three out of four applicants for the vouchers, which pay private schools up to $4,200 per child per year to schools that admit them, were minority students.
"There are literally thousands of families who are looking forward to their day in court — desperately hopeful for a favorable ruling," Allison, president of Parents for Educational Freedom in North Carolina, said in a statement.
The program opened this year to families whose income qualified their children for free or discounted school lunches, a ceiling of about $44,000 for a family of four. Eligibility increases for the year starting in August as the ceiling rises to nearly $59,000 per family.
Opponents of the voucher law complain that it violates the constitution because money from collected taxes goes to religious schools that have the option of ruling out students who don't follow their faith's beliefs, turning away the disabled or refusing the children of gay parents. |
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Alabama begins issuing marriage licenses to gay couples
Legal News |
2015/02/09 15:34
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Alabama began issuing marriage licenses to same-sex couples Monday despite an 11th-hour attempt from the state's chief justice - an outspoken opponent - to block the weddings.
The U.S. Supreme Court said Monday morning that it wouldn't stop the marriages, and shortly after, probate judges began granting the licenses to couples, some of whom had been lined up for hours and exited courthouses to applause from supporters.
"It's about time," said Shante Wolfe, 21. She and Tori Sisson of Tuskegee had camped out in a blue and white tent and became the first in the county given a license.
Most probate judges issued the licenses despite Chief Justice Roy Moore's Sunday night order that they refuse. It was a dramatic return to defiance Moore, who was removed from the post in 2003 for refusing to obey a federal court order to remove a washing machine-sized Ten Commandments from the state judicial building. Critics lashed out that Moore had no authority to tell county probate judges to enforce a law that a federal judge already ruled unconstitutional.
Susan Watson, executive director of the American Civil Liberties Union of Alabama, said she has heard of four counties where judges have refused to issue marriage licenses to same-sex couples. |
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Former Massey Energy CEO asks court to dismiss charges
Court Line News |
2015/02/09 15:34
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A former coal company executive is seeking the dismissal of charges stemming from a 2010 mine explosion that killed 29 workers in West Virginia.
Don Blankenship, former chief executive officer of Massey Energy, also has asked the court to disqualify U.S. District Judge Irene Berger from hearing his case.
Blankenship’s lawyers filed a dozen motions to dismiss on Friday, along with the disqualification motion and other documents, exhibits and legal briefs, The Charleston Gazette reported.
Details of filings in the case are unavailable to the public under a gag order issued by Berger. The Charleston Gazette, The Associated Press and other media outlets are challenging the order, which prohibits parties or victims from discussing the case with reporters or releasing court documents.
Blankenship is charged with conspiring to violate safety and health standards at the Upper Big Branch Mine in Raleigh County. He also is charged with lying to federal financial regulators about safety measures in the deadly explosion. His trial is scheduled to begin April 20 in U.S. District Court in Beckley.
The dismissal motions and other filings came a day after Blankenship sued Alpha Natural Resources in a Delaware court. Bristol, Virginia-based Alpha bought Massey in June 2011. |
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Brother of murder victim attacks defendant in court
Court Line News |
2015/02/04 09:53
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The brother of a murder victim has been arrested after authorities say he attacked his sister's killer in Onslow County court.
Authorities say 26-year-old Alfonso Law of Acworth, Georgia, has been charged with contempt of court, assault on a government official, simple assault, and disorderly conduct.
News outlets report that Law charged at 26-year-old Pernell Jones on Monday as Jones pleaded guilty to second-degree murder in the death of 15-year-old Anita Law.
After Jones admitted to killing the teenager, Law rushed at him and both men ended up on the floor before deputies pulled them apart,
Jones was sentenced to between 16 and 20 years in prison.
Alfonso Law goes before Judge Charles Henry on the contempt charge Thursday. It was not immediately known if he had an attorney.
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